Terms and Conditions

Terms and Conditions

 

  1. The service located at educationmalaysia.gov.my and any of its subdomains is a website (“Website”) owned and operated by or on behalf of Education Malaysia Global Services (“EMGS”). This legal notice applies to the entire contents of the Website and to any correspondence by e-mail between EMGS and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept this legal notice in full. If you do not accept this legal notice in full, you must cease the use of the Website in any form or mean immediately. The contents of this Website, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyrighted. All rights reserved. All trademarks referred to are the property of their respective owners.

  1. For all intents and purposes, the rights to the names ‘Education Malaysia’ and ‘Education Malaysia Global Services’ and any of its acronyms including but not limited to abbreviations, elisions and diminutives such as EM, EMGS and any other reasonable form of reference in any language (EMGS name) shall remain the property of the Government of Malaysia. Any usage of such names in any form is strictly prohibited unless with the express, written permission by the Government of Malaysia or any of its authorised agents and/or representatives. This shall include but not limited to printed and electronic materials, including but not limited to websites, printed media, broadcast media, social media platforms, messaging platforms, and any other hybrid, future generation iteration or derivative thereof.

  1. The website will require you to search by using your passport number and nationality as recorded in the passport details, or a unique identification number issued by a national government of any country where applicable, submitted to EMGS by you or any agent or third party authorised by you, including but not limited to your chosen education institution. EMGS advises you to keep this information safe and excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) as a result of the misuse or loss of this information, subject to the limits of the relevant law.

  1. The information on this website is intended to update you of the current status of the student pass application. Whilst EMGS makes every effort to process student pass applications within 14 working days, there is no warranty or guarantee that we shall do so and EMGS shall not be held liable for any loss or damages of any kind that arise from any actions or failure to act by any party, made in expectation or reliance upon any specific pass processing information supplied by us. The information contained within this Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries with your education institution if you believe the information contained within the Website is incorrect.

  1. You should assume that everything you see or read on the Website, with the exception of your personal data, is copyrighted and may not be used except as provided in these Terms and Conditions, the text on the Website or with the written permission obtained in advance from the owner. You must contact EMGS for further information.

  1. When you visit educationmalaysia.gov.my or send an email or any form of electronic communication to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that communications be in writing.

  1. If you breach any of the Terms & Conditions in this legal notice, your permission to use the Website is automatically terminated and you must immediately destroy any downloaded or printed extracts from the Website.

  1. The material included in this Website has been compiled from a variety of sources and the Website may include technical inaccuracies or typographical errors. Everything on the Website is provided to you “as is” without warranty of any kind. Accordingly, to the maximum extent permitted by law this site is provided to you on the basis that the owner excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill or implied warranties which, but for this legal notice, might have effect in relation to the Website).

  1. EMGS does not warrant that this Website, various services provided through this Website, and any information, software or other material downloaded from this Website, will be uninterrupted, error-free, or free of viruses or other harmful components.

  1. EMGS cannot warrant or guarantee that the institutions or courses of study are valid at the time of application although EMGS makes every reasonable effort to ensure that the information provided is accurate. The information is dependent on the institutions and government agencies providing timely and accurate information to EMGS. EMGS does not accept liability for course fees or other expenses or losses incurred as a result of a student or agent undertaking or applying for a course that is not valid.

  1. EMGS makes no warranties or representations as to the accuracy of the Website. EMGS assumes no liability or responsibility for any errors or omissions in the content of the Website. EMGS uses reasonable effort to ensure the accuracy of the Website but reserves the right to change in its sole discretion the Website, in any way and/or at any time, without notice. EMGS may make changes to materials on the Website, or to the products and prices described in it, at any time without notice. Materials on the Website may be out of date, and EMGS makes no commitment to update such materials.

  1. EMGS, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of EMGS’ group companies and the officers, directors, employees, shareholders or agents and/or representatives of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

  1. EMGS and/or EMGS subsidiaries and/or any of their authorised agents and/or representatives and the officers, directors, employees, shareholders or agents and/or representatives of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) as a result of the unauthorised use or passing off or cybersquatting of this website, domain and/or subdomain names, EMGS name or misuse or misappropriation of any other intellectual property belonging to EMGS and/or EMGS subsidiaries and/or any of their authorised agents and/or representatives.

  1. Nothing in this legal notice shall exclude or limit EMGS’ liability for any liability which cannot be excluded or limited under applicable law.

  1. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall assume all costs thereof.

  1. You are permitted to print or download extracts from the Website for your own personal use on the following basis:

    1. no documents or related graphics on the Website are modified in any way;

    1. no graphics on the Website are used separately from the corresponding text; and

    1. EMGS’ copyright and trade mark notices and this permission notice appear in all copies.

    1. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by EMGS or its licensors.

  1. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause (15) for any purpose is prohibited. No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without EMGS’s prior written permission.

  1. Any rights not expressly granted in these terms are reserved.

  1. You may not frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of EMGS without express written consent of EMGS.

  1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary.

  1. You are prohibited from posting or transmitting to or from the Website any material:

    1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

    1. for which you have not obtained all necessary licences and/or approvals; or

    1. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

    1. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

  1. You may not misuse the Website in any way including, without limitation, by hacking.

  1. EMGS shall fully co-operate with any law enforcement authorities or court order requesting or directing EMGS to disclose the identity or locate anyone posting any material in breach of clauses 20 or

  1. Links on this Website may lead to servers maintained by individuals or organisations other than EMGS. EMGS has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content. If you use these links, you leave the Website. EMGS therefore does not endorse or make any representation about them, or any material found there, or any result that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

  1. The use of the STARS System or any other services provided by EMGS by any party including prospective students or institutions does not form the basis of an intention to create legal relations and EMGS has no intention on their part to enter into any contract, to undertake contractual obligations or to do or undertake more than is considered naturally and properly incident to carrying out the governmental or departmental function under the delegated authority bestowed upon EMGS by the Government of Malaysia and in accordance with government policies.

  1. Images of people or places displayed on the Website are either the property of, or used with permission of EMGS. Your use of these images is strictly prohibited unless specifically permitted by these Terms and Conditions, specific permission provided elsewhere on the Website or you write directly to and obtain permission from EMGS.

  1. All other trademarks and logos or registered trademarks and logos found on the Website or mentioned herein belong to their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of EMGS or such third party that owns the trademarks displayed on this Website. EMGS will enforce its intellectual property rights to the fullest extent permitted by law.

  1. EMGS may at any time revise these Terms and Conditions by updating this posting. You are bound by the most current Terms and Conditions every time you visit this Website, therefore you should periodically review these Terms and Conditions to which you are bound. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

  1. This legal notice shall be governed by and construed in accordance with the laws of Malaysia. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Malaysian courts. This shall include but not limited to the Personal Data Protection Act 2010 (Act 709), Postal Services Act 2012 (Act 741), Communications and Multimedia Act 1998 (Act 588), Digital Signature Act 1997 (Act 562) and Strategic Trade Act 2010 (Act 708).

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